Pedestrian accidents in Lubbock are often severe incidents, leading to significant injury. The weight and speed of a motor vehicle makes their impact on the human body challenging to recover from and often leads to life-long impairments. When a driver is found negligent for the damages caused in a pedestrian accident in Lubbock, you have the right to recover compensation under the law.
An experienced Lubbock pedestrian accident lawyer from Liggett Law Group explains potential legal options available for your injuries. Our team will investigate your accident and work to secure the maximum compensation for your recovery.
Who Is at Fault in a Lubbock Pedestrian Accident?
Drivers owe a duty of care to others commuting on Texas roadways. Pedestrians also owe a duty of care when commuting in Lubbock. Responsibility in a Lubbock pedestrian accident is based on evidence from the incident.
It is financially in the automobile insurance company’s best interests to investigate any actions by a pedestrian that contributed to the accident. Texas law is based on proportionate responsibility. This means that if the pedestrian is assigned any percentage of fault in an accident, their compensation will be affected by that same amount. Even if you are severely harmed by the accident, you cannot seek damages if you are found to be greater than 50% at fault. A pedestrian accident lawyer in Lubbock will use Texas pedestrian laws to assess negligence in an accident and help you navigate through the process.
Is a Lawsuit Necessary After Being Hit by a Car While Walking in Lubbock?
Lawsuits are not always necessary. However, it is always recommended that you work with a Lubbock pedestrian accident attorney to facilitate any damage recovery. Insurance companies may push back on your injury claims despite your evidence of serious harm after the accident.
They may use various tactics to encourage you to settle for less than you deserve or need for your medical costs and other bills. You may feel you must accept their first offer, even when it does not adequately reflect the compensation available. Liggett Law Group is familiar with the pressure many individuals face following a personal injury. We will investigate any and all legal options to ensure you receive the compensation you deserve.
In some cases, we can aggressively and successfully negotiate for an appropriate settlement when we present robust evidence of the driver’s negligence. Rather than go to court, insurance adjusters realize our firm will not back down. If necessary, we will prepare to pursue a lawsuit from the beginning so we do not lose valuable time if a settlement can’t be reached.
Begin With an Insurance Claim
Your first action will be to file a claim with the at-fault driver’s insurance company. Limit the information you share to only the facts of the accident as you know them, refraining from admissions of guilt or offering extra information in an attempt to be helpful. If you fail to consult an experienced pedestrian accident attorney before accepting a settlement from the insurance, you may lose compensation for the following reasons:
- The damages have not been fully assessed.
- Your injuries may require ongoing treatments, therapies, or surgeries.
- You were incorrectly assigned more fault in the accident than belonged to you.
- The initial settlement offer is far below what your damages actually cost.
Insurance adjusters assess your injuries and other damages while striving to reduce what they must pay in compensation. While you are waiting for them to present a reasonable offer, your lawyer can help you investigate other options, such as personal injury protection.
Your private insurance also may be an option when other legal options are exhausted. Pedestrians using their personal health insurance coverage to pay for medical care would need to meet their insurance deductible and copayments. This insurance typically does not cover damages such as lost income or property damage.
Your Car Accident Attorney Can Help You Submit an Insurance Claim
Experienced Lubbock pedestrian accident lawyers can help file a claim to seek the best settlement compensation. Lawsuits are not always necessary when a fair settlement can be negotiated. A pedestrian accident lawyer in Lubbock may provide critical legal assistance when filing a claim by:
- Assembling the necessary documentation
- Acting as a liaison between an injured pedestrian and the insurance company to ensure a witness’s account of the incident is not twisted or misconstrued
- Computing the total cost of damages
- Negotiating on behalf of an injured pedestrian
- Filing the appropriate legal documentation to pursue a lawsuit when a settlement is insufficient
When a Lawsuit Is Necessary
Many injured pedestrians choose the legal option of filing a lawsuit with the guidance of a pedestrian accident lawyer in Lubbock when settlement amounts do not meet their compensation needs. Filing a lawsuit for a personal injury in Texas must be done within two years of the accident, although there are exceptions that may apply. Even after filing a lawsuit, many insurance companies choose to settle to avoid the cost of litigation. Either party in a lawsuit may settle until a case goes to the judge or jury to decide.
When a Driver Is Uninsured or Underinsured
Most Texas drivers carry underinsured/uninsured motorist insurance and are unaware that coverage exists in their policy. Drivers in Texas must opt out of this coverage in writing. Suppose you have a Texas auto insurance policy and are injured while walking in Lubbock. In that case, you may be able to file a claim with your auto insurance for the portion of damages not covered by an underinsured driver.
A driver’s insurance will only pay up to coverage limits. After the limits are met and if your damages exceed these amounts, a claim against your auto insurance may be possible. A pedestrian’s auto insurance may also seek to minimize the compensation they will pay.
The underinsured/uninsured motorist coverage portion of your auto insurance policy may also cover your damages, depending on the amount of coverage, when a driver is uninsured. The next option would be to consider a lawsuit against a negligent driver. A pedestrian accident lawyer in Lubbock can help you weigh the options and consider the following factors before filing a lawsuit against a driver in Texas without auto insurance:
- A driver’s negligence must still be established for them to be liable for your injuries.
- A driver who does not have auto insurance may not have the financial ability to compensate for any damages awarded to you in a lawsuit.
- An at-fault driver’s assets may not cover your damages.
The Texas Department of Motor Vehicles (TxDMV) estimates that 20% of drivers in Texas are uninsured, making optional coverage a significant consideration in Texas.
An uninsured driver may have carelessly allowed their policy to lapse but have the assets to cover your damages from a pedestrian accident. Liggett Law Group can assist with a thorough assessment.
Understand Your Legal Options After Being Hit While Walking in Lubbock
A Lubbock pedestrian accident lawyer works for you, ensuring all legal options have been considered in a pedestrian accident. If you are hit by a car while walking in Lubbock, know your rights and legal options by working with an experienced personal injury attorney experienced in pedestrian accidents at Liggett Law Group. Schedule your free consultation today.